Ban on robo calls to cell phones advances

BOSTON -- The House has passed legislation banning robo-calls or automated texts to cell phones.

Mattapoisett Democrat Rep. William Straus said he first filed the bill last session because he noticed he was getting robo-calls and texts from businesses he had never heard of.

Beyond marketers, political campaigns often use robo-call technology to spread their messages, and Straus said he is open to changes in the bill.

“I’m certainly aware as the legislation moves that there may be a First Amendment issue on behalf of candidates who have communication rights, but it’s not unlimited in my mind that just because somebody is a candidate for office that they get to reach you anywhere,” Straus said.

The bill cleared the House last session, but not the Senate. The current bill, which passed the House on Thursday, still needs passage in the Senate before reaching the governor’s desk.

The legislation would create a civil penalty of up to $10,000 for each knowing violation, and a minimum penalty of $1,500 for each knowing violation against a senior.

Individuals who receive more than one such automated solicitation to a mobile phone would be allowed to bring their own legal action to recover any losses and up to $10,000 in damages and attorney fees. The bill exempts certain health care entities as well as school officials, messages from employers about work schedules, and messages from correctional facilities and other government entities.

Straus said people on land-lines can sign up for the do-not-call list, and noted some mobile customers might be charged for answering a robo-call or might receive a robo-call while behind the wheel of a car.